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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land development; amending s. 2
125.01, F.S.; revising the powers of counties to 3
include hearing appeals from municipal historic 4
preservation boards; creating s. 163.046, F.S.; 5
prohibiting local governments from requiring specified 6
documents or a fee for tree pruning, trimming, or 7
removal on certain properties; prohibiting local 8
governments from requiring property owners to replant 9
trees pruned, trimmed, or removed on certain 10
properties; amending s. 163.3167, F.S.; revising the 11
scope of power and responsibility of municipalities 12
and counties under the Community Planning Act; 13
amending s. 163.3180, F.S.; modifying requirements for 14
local governments implementing a transportation 15
concurrency system; amending s. 163.31801, F.S.; 16
revising legislative intent with respect to the 17
adoption of impact fees by special districts; 18
clarifying circumstances under which a local 19
government or special district must credit certain 20
contributions toward the collection of an impact fee; 21
creating s. 166.04152, F.S.; prescribing manner for 22
appealing final order or decision made by a municipal 23
historic preservation board; requiring the board of 24
county commissioners to hold a public hearing; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authorizing the board of county commissioners to 26
approve or reject a final order or decision; providing 27
that appeal to board of county commissioners is 28
supplemental to all other remedies available under 29
law; amending s. 380.06, F.S.; revising exceptions 30
from provisions governing credits against local impact 31
fees; revising procedures r egarding local government 32
review of changes to previously approved developments 33
of regional impact; specifying changes that are not 34
subject to local government review; authorizing 35
changes to multimodal pathways, or the substitution of 36
such pathways, in pre viously approved developments of 37
regional impact if certain conditions are met; 38
specifying that certain changes to comprehensive plan 39
policies and land development regulations do not apply 40
to proposed changes to an approved development of 41
regional impact or to development orders required to 42
implement the approved development of regional impact; 43
revising acts that are deemed to constitute an act of 44
reliance by a developer to vest rights; providing an 45
effective date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Paragraph (dd) is added to subsection (1) of 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section 125.01, Florida Statutes, to read: 51
125.01 Powers and duties. — 52
(1) The legislative and governing body of a county shall 53
have the power to carry on county governm ent. To the extent not 54
inconsistent with general or special law, this power includes, 55
but is not restricted to, the power to: 56
(dd) Hear appeals of final orders and decisions of 57
municipal historic preservation boards as provided in s. 58
166.04152. 59
Section 2. Section 163.046, Florida Statutes, is created 60
to read: 61
163.046 Tree pruning, trimming, or removal; property used 62
for veterans health care facilities. - 63
(1) A local government may not require a notice, 64
application, approval, permit, fee, or mitigat ion for the 65
pruning, trimming, or removal of a tree on property being used 66
for the construction or development of a veterans health care 67
facility, as approved by the United States Department of 68
Veterans Affairs. 69
(2) A local government may not require a p roperty owner to 70
replant a tree that was pruned, trimmed, or removed in 71
accordance with this section. 72
Section 3. Subsection (1) of section 163.3167, Florida 73
Statutes, is amended to read: 74
163.3167 Scope of act. — 75
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(1) Notwithstanding any other provisi on of general law, 76
except any law pertaining to the protection and restoration of 77
the Everglades, the several incorporated municipalities and 78
counties shall have exclusive power and responsibility: 79
(a) To plan for their future development and growth. 80
(b) To adopt and amend comprehensive plans, or elements or 81
portions thereof, to guide their future development and growth. 82
(c) To implement adopted or amended comprehensive plans by 83
the adoption of appropriate land development regulations or 84
elements thereof. 85
(d) To evaluate transportation impacts, apply concurrency, 86
or assess any fee related to transportation improvements. 87
(e) To establish, support, and maintain administrative 88
instruments and procedures to carry out the provisions and 89
purposes of this act. 90
91
The powers and authority set out in this act may be employed by 92
municipalities and counties individually or jointly by mutual 93
agreement in accord with this act and in such combinations as 94
their common interests may dictate and require. 95
Section 4. Paragraph (h) of subsection (5) of section 96
163.3180, Florida Statutes, is amended to read: 97
163.3180 Concurrency. — 98
(5) 99
(h)1. Notwithstanding any provision in a development 100
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order, an agreement, a local comprehensive plan, or a local land 101
development regulation, local governments that continue to 102
implement a transportation concurrency system, whether in the 103
form adopted into the comprehensive plan before the effective 104
date of the Community Planning Act, chapter 2011 -139, Laws of 105
Florida, or as subsequ ently modified, must: 106
a. Consult with the Department of Transportation when 107
proposed plan amendments affect facilities on the strategic 108
intermodal system. 109
b. Exempt public transit facilities from concurrency. For 110
the purposes of this sub -subparagraph, public transit facilities 111
include transit stations and terminals; transit station parking; 112
park-and-ride lots; intermodal public transit connection or 113
transfer facilities; fixed bus, guideway, and rail stations; and 114
airport passenger terminals and concours es, air cargo 115
facilities, and hangars for the assembly, manufacture, 116
maintenance, or storage of aircraft. As used in this sub -117
subparagraph, the terms "terminals" and "transit facilities" do 118
not include seaports or commercial or residential development 119
constructed in conjunction with a public transit facility. 120
c. Allow an applicant for a development -of-regional-impact 121
development order, development agreement, rezoning, or other 122
land use development permit to satisfy the transportation 123
concurrency requireme nts of the local comprehensive plan, the 124
local government's concurrency management system, and s. 380.06, 125
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when applicable, if: 126
(I) The applicant in good faith offers to enter into a 127
binding agreement to pay for or construct its proportionate 128
share of required improvements in a manner consistent with this 129
subsection. 130
(II) The proportionate -share contribution or construction 131
is sufficient to accomplish one or more mobility improvements 132
that will benefit a regionally significant transportation 133
facility. A local government may accept contributions from 134
multiple applicants for a planned improvement if it maintains 135
contributions in a separate account designated for that purpose. 136
d. Provide the basis upon which the landowners will be 137
assessed a proportionate share of the cost addressing the 138
transportation impacts resulting from a proposed development. 139
e. Credit the fair market value of any land dedicated to a 140
governmental entity for transportation facilities against the 141
total proportionate share payments com puted pursuant to this 142
section. 143
2. An applicant is shall not be held responsible for the 144
additional cost of reducing or eliminating deficiencies. When an 145
applicant contributes or constructs its proportionate share 146
pursuant to this paragraph, a local gove rnment may not require 147
payment or construction of transportation facilities whose costs 148
would be greater than a development's proportionate share of the 149
improvements necessary to mitigate the development's impacts. 150
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a. The proportionate -share contribution shall be 151
calculated based upon the number of trips from the proposed 152
development expected to reach roadways during the peak hour from 153
the stage or phase being approved, divided by the change in the 154
peak hour maximum service volume of roadways resulting fr om 155
construction of an improvement necessary to maintain or achieve 156
the adopted level of service, multiplied by the construction 157
cost, at the time of development payment, of the improvement 158
necessary to maintain or achieve the adopted level of service. 159
b. In using the proportionate -share formula provided in 160
this subparagraph, the applicant, in its traffic analysis, shall 161
identify those roads or facilities that have a transportation 162
deficiency in accordance with the transportation deficiency as 163
defined in subparagraph 4. The proportionate -share formula 164
provided in this subparagraph shall be applied only to those 165
facilities that are determined to be significantly impacted by 166
the project traffic under review. If any road is determined to 167
be transportation defi cient without the project traffic under 168
review, the costs of correcting that deficiency shall be removed 169
from the project's proportionate -share calculation and the 170
necessary transportation improvements to correct that deficiency 171
shall be considered to be i n place for purposes of the 172
proportionate-share calculation. The improvement necessary to 173
correct the transportation deficiency is the funding 174
responsibility of the entity that has maintenance responsibility 175
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for the facility. The development's proportionat e share shall be 176
calculated only for the needed transportation improvements that 177
are greater than the identified deficiency. 178
c. When the provisions of subparagraph 1. and this 179
subparagraph have been satisfied for a particular stage or phase 180
of development, all transportation impacts from that stage or 181
phase for which mitigation was required and provided shall be 182
deemed fully mitigated in any transportation analysis for a 183
subsequent stage or phase of development. Trips from a previous 184
stage or phase that d id not result in impacts for which 185
mitigation was required or provided may be cumulatively analyzed 186
with trips from a subsequent stage or phase to determine whether 187
an impact requires mitigation for the subsequent stage or phase. 188
d. In projecting the num ber of trips to be generated by 189
the development under review, any trips assigned to a toll -190
financed facility shall be eliminated from the analysis. 191
e. The applicant shall receive a credit on a dollar -for-192
dollar basis for impact fees, mobility fees, and o ther 193
transportation concurrency mitigation requirements paid or 194
payable in the future for the project. The credit shall be 195
reduced up to 20 percent by the percentage share that the 196
project's traffic represents of the added capacity of the 197
selected improvement, or by the amount specified by local 198
ordinance, whichever yields the greater credit. 199
3. This subsection does not require a local government to 200
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approve a development that, for reasons other than 201
transportation impacts, is not qualified for approval pu rsuant 202
to the applicable local comprehensive plan and land development 203
regulations. 204
4. As used in this subsection, the term "transportation 205
deficiency" means a facility or facilities on which the adopted 206
level-of-service standard is exceeded by the exist ing, 207
committed, and vested trips, plus additional projected 208
background trips from any source other than the development 209
project under review, and trips that are forecast by established 210
traffic standards, including traffic modeling, consistent with 211
the University of Florida's Bureau of Economic and Business 212
Research medium population projections. Additional projected 213
background trips are to be coincident with the particular stage 214
or phase of development under review. 215
Section 5. Subsection (2) and paragra ph (a) of subsection 216
(5) of section 163.31801, Florida Statutes, are amended to read: 217
163.31801 Impact fees; short title; intent; minimum 218
requirements; audits; challenges. — 219
(2) The Legislature finds that impact fees are an 220
important source of revenue f or a local government to use in 221
funding the infrastructure necessitated by new growth. The 222
Legislature further finds that impact fees are an outgrowth of 223
the home rule power of a local government to provide certain 224
services within its jurisdiction. Due to the growth of impact 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fee collections and local governments' reliance on impact fees, 226
it is the intent of the Legislature to ensure that, when a 227
county or municipality adopts an impact fee by ordinance or a 228
special district, if authorized by its special act , adopts an 229
impact fee by resolution, the governing authority complies with 230
this section. 231
(5)(a) Notwithstanding any charter provision, 232
comprehensive plan policy, ordinance, development order, 233
development permit, agreement, or resolution to the contrary, 234
the local government or special district must credit against the 235
collection of the impact fee any contribution, whether 236
identified in an a proportionate share agreement or other form 237
of exaction, related to public facilities or infrastructure, 238
including land dedication, site planning and design, or 239
construction. Any contribution must be applied on a dollar -for-240
dollar basis at fair market value to reduce any impact fee 241
collected for the general category or class of public facilities 242
or infrastructure for wh ich the contribution was made. 243
Section 6. Section 166.04152, Florida Statutes, is created 244
to read: 245
166.04152 Final orders and decisions of municipal historic 246
preservation boards. - 247
(1) Notwithstanding any local charter, ordinance, or 248
regulation to the contrary, any final order or decision made by 249
an historic preservation board established pursuant to municipal 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
charter or ordinance may be appealed to the board of county 251
commissioners of the county in which the municipality is 252
located. 253
(2) The board of county commissioners shall hold a public 254
hearing on the appeal within 30 days of receipt of the appeal. 255
(3) The board of county commissioners, after the public 256
hearing, may approve o r reject the final order or decision. The 257
determination of the board of county commissioners is final. 258
(4) This section is supplemental to all other remedies 259
available under law. 260
Section 7. Paragraph (d) of subsection (5) and subsections 261
(7) and (8) of section 380.06, Florida Statutes, are amended to 262
read: 263
380.06 Developments of regional impact. — 264
(5) CREDITS AGAINST LOCAL IMPACT FEES. — 265
(d) This subsection does not apply to internal, private 266
onsite facilities required by local regulations or to a ny 267
offsite facilities to the extent that such facilities are 268
necessary to provide safe and adequate services solely to the 269
development and not the general public . 270
(7) CHANGES.— 271
(a) Notwithstanding any provision to the contrary in any 272
development order, agreement, local comprehensive plan, or local 273
land development regulation, this section applies to all any 274
proposed changes change to a previously approved development of 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regional impact. shall be reviewed by The local government must 276
base its review based on the standards and procedures in its 277
adopted local comprehensive plan and adopted local land 278
development regulations, including, but not limited to, 279
procedures for notice to the applicant and the public regarding 280
the issuance of development orders. However, a change to a 281
development of regional impact that has the effect of reducing 282
the originally approved height, density, or intensity of the 283
development or that changes only the location or acreage of uses 284
and infrastructure or exchanges permitted u ses must be 285
administratively approved and is not subject to review by the 286
local government. The local government review of any proposed 287
change to a previously approved development of regional impact 288
and of any development order required to construct the 289
development set forth in the development of regional impact must 290
be reviewed by the local government based on the standards in 291
the local comprehensive plan at the time the development was 292
originally approved, and if the development would have been 293
consistent with the comprehensive plan in effect when the 294
development was originally approved, the local government may 295
approve the change. If the revised development is approved, the 296
developer may proceed as provided in s. 163.3167(5). For any 297
proposed change to a previously approved development of regional 298
impact, at least one public hearing must be held on the 299
application for change, and any change must be approved by the 300
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local governing body before it becomes effective. The review 301
must abide by any prior agreemen ts or other actions vesting the 302
laws and policies governing the development. Development within 303
the previously approved development of regional impact may 304
continue, as approved, during the review in portions of the 305
development which are not directly affect ed by the proposed 306
change. 307
(b) The local government shall either adopt an amendment 308
to the development order that approves the application, with or 309
without conditions, or deny the application for the proposed 310
change. Any new conditions in the amendment t o the development 311
order issued by the local government may address only those 312
impacts directly created by the proposed change, and must be 313
consistent with s. 163.3180(5) , the adopted comprehensive plan, 314
and adopted land development regulations . Changes to a phase 315
date, buildout date, expiration date, or termination date may 316
also extend any required mitigation associated with a phased 317
construction project so that mitigation takes place in the same 318
timeframe relative to the impacts as approved. 319
(c) This section is not intended to alter or otherwise 320
limit the extension, previously granted by statute, of a 321
commencement, buildout, phase, termination, or expiration date 322
in any development order for an approved development of regional 323
impact and any corresponding modification of a related permit or 324
agreement. Any such extension is not subject to review or 325
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modification in any future amendment to a development order 326
pursuant to the adopted local comprehensive plan and adopted 327
local land development regulations. 328
(d) Any proposed change to a previously approved 329
development of regional impact showing a dedicated multimodal 330
pathway suitable for bicycles, pedestrians, and low -speed 331
vehicles, as defined in s. 320.01(41), along any internal 332
roadway must be approved so lon g as the right-of-way remains 333
sufficient for the ultimate number of lanes of the internal 334
roadway. Any proposed change to a previously approved 335
development of regional impact which proposes to substitute a 336
multimodal pathway suitable for bicycles, pedestri ans, and low-337
speed vehicles, as defined in s. 320.01(41), in lieu of an 338
internal roadway must be approved if the change does not result 339
in any roadway within or adjacent to the development of regional 340
impact falling below the local government's adopted lev el of 341
service and does not increase the original distribution of trips 342
on any roadway analyzed as part of the approved development of 343
regional impact by more than 20 percent. If the developer has 344
already dedicated right -of-way to the local government for t he 345
proposed internal roadway as part of the approval of the 346
proposed change, the local government must return any interest 347
it may have in the right -of-way to the developer. 348
(8) VESTED RIGHTS.—Nothing in this section shall limit or 349
modify the rights of an y person to complete any development that 350
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was authorized by registration of a subdivision pursuant to 351
former chapter 498, by recordation pursuant to local subdivision 352
plat law, or by a building permit or other authorization to 353
commence development on which there has been reliance and a 354
change of position and which registration or recordation was 355
accomplished, or which permit or authorization was issued, prior 356
to July 1, 1973. If a developer has, by his or her actions in 357
reliance on prior regulations, obtain ed vested or other legal 358
rights that in law would have prevented a local government from 359
changing those regulations in a way adverse to the developer's 360
interests, nothing in this chapter authorizes any governmental 361
agency to abridge those rights. Consistent with s. 163.3167(5), 362
comprehensive plan policies and land development regulations 363
adopted after a development of regional impact has vested do not 364
apply to proposed changes to an approved development of regional 365
impact or to development orders required t o implement the 366
approved development of regional impact. 367
(a) For the purpose of determining the vesting of rights 368
under this subsection, approval pursuant to local subdivision 369
plat law, ordinances, or regulations of a subdivision plat by 370
formal vote of a county or municipal governmental body having 371
jurisdiction after August 1, 1967, and prior to July 1, 1973, is 372
sufficient to vest all property rights for the purposes of this 373
subsection; and no action in reliance on, or change of position 374
concerning, such local governmental approval is required for 375
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vesting to take place. Anyone claiming vested rights under this 376
paragraph must notify the department in writing by January 1, 377
1986. Such notification shall include information adequate to 378
document the rights esta blished by this subsection. When such 379
notification requirements are met, in order for the vested 380
rights authorized pursuant to this paragraph to remain valid 381
after June 30, 1990, development of the vested plan must be 382
commenced prior to that date upon the property that the state 383
land planning agency has determined to have acquired vested 384
rights following the notification or in a binding letter of 385
interpretation. When the notification requirements have not been 386
met, the vested rights authorized by this parag raph shall expire 387
June 30, 1986, unless development commenced prior to that date. 388
(b) For the purpose of this act, the conveyance of 389
property or compensation , or the agreement to convey , property 390
or compensation, to the county, state, or local government as a 391
prerequisite to zoning change approval shall be construed as an 392
act of reliance to vest rights as determined under this 393
subsection, provided such zoning change is actually granted by 394
such government. 395
Section 8. This act shall take effect upon becoming a law. 396